국제환경법에서의 환경과 인권

초록

Although the Stockholm Declaration and the Rio Declaration implicitly emphasize the importance of environment to enjoy human rights, they do not recognize an environmental right separated from other human rights. At a global level, 1994 Draft of Principle on Human Rights and Environment genuinely discusses environmental right. However, the Draft is not a finally approved document. The status quo is much more disappointing when observing the legally-binding documents. An international treaty that specifically recognizes environmental right does not yet exist to this day. Thus, in real world, it is tremendously difficult to implement environmental right through a treaty. It is noteworthy some regional treaties recognize environmental right. However, even at this situation, there remains controversies. For example, what is exact meaning of the term 'environment' in the right to a healthy environment? Is a possessor of such right a group or individual? Who shall be the one to hold responsibility in assuring the right? Such questions can not be explicitly answered yet. Not only that, there is no general standard when and how does the infringement to environmental right become human rights violation. Many international documents which accept right to enjoy a healthy environment, and nations' practices which recognize the right to a healthy environment in their constitution are strong evidence that environmental right has been attaining status of a rule of customary international law. Some deny the environmental right itself based on that environmental right is yet very uncertain and nations' practice to support the right is very weak. In order to eradicate such argument, international organizations including the United Nations must lead to conclude a treaty that directly deals with the right to healthy environment. Meanwhile, it is also required for these organizations to establish specific and substantive standards as well as to create institution. A treaty that encompasses environmental right will work as a pressure for countries concerned to abide by the international duties based on rights-related provisions. The specific provisions related with rights mentioned in the treaty will become a international standard which will serve as a guide in the course of national implementation.

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